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DeShaney v. Winnebago County Department of Social Services

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Date Issued:
2012
Summary:
The Supreme Court's Ruling in DeShaney v. Winnebago County Department of Social Services (1989) eld that "A State's failure to protect an individual against private violence simply does not constitute a violation of the Due Process Clause." (489 U.S. 189 at 197). A state child protection agency's failure to prevent near-fatal abuse of a four year old child under its supervision was not considered a violation of the child's fourteenth amendment rights. This thesis critcally examines the reasoning behind the majority decision in DeShaney ; and using feminist legal theory, discusses ways to effectively address state policy and liability when private violence is used on vulnerable citizens, challenging the arbitrary dichotomy between the public and private spheres.
Title: DeShaney v. Winnebago County Department of Social Services: state accountability for private violence.
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Name(s): Tunick, Rachel
Harriet L. Wilkes Honors College
Type of Resource: text
Genre: Thesis
Issuance: multipart monograph
Date Issued: 2012
Publisher: Florida Atlantic University
Physical Form: electronic
electronic resource
Extent: vi, 34 p. : ill.
Language(s): English
Summary: The Supreme Court's Ruling in DeShaney v. Winnebago County Department of Social Services (1989) eld that "A State's failure to protect an individual against private violence simply does not constitute a violation of the Due Process Clause." (489 U.S. 189 at 197). A state child protection agency's failure to prevent near-fatal abuse of a four year old child under its supervision was not considered a violation of the child's fourteenth amendment rights. This thesis critcally examines the reasoning behind the majority decision in DeShaney ; and using feminist legal theory, discusses ways to effectively address state policy and liability when private violence is used on vulnerable citizens, challenging the arbitrary dichotomy between the public and private spheres.
Identifier: 820011768 (oclc), 3359319 (digitool), FADT3359319 (IID), fau:1447 (fedora)
Note(s): by Rachel Tunick.
Thesis (B.A.)--Florida Atlantic University, Honors College, 2012.
Includes bibliography.
Mode of Access: World Wide Web.
System requirements: Adobe Reader.
Subject(s): DeShaney, Joshua, 1979-
Winnebago County (Wis.). Dept. of Social Services
Child abuse -- Law and legislation -- United States
Due process of law -- United States
Children -- Legal status, laws, etc -- United States
Held by: FBoU FABOC
Persistent Link to This Record: http://purl.flvc.org/FAU/3359319
Host Institution: FAU

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